The hearing of the child in the Brussels IIa Regulation and its Recast Proposal

Abstract

The right of children to be heard is acknowledged as a fundamental human right, as the European Court of Human Rights in the case Iglesias Casarrubios and Cantalapiedra Iglesias v Spain of 11 October 2016 emphasized. In the Brussels IIa Regulation this right plays a crucial role. On 30 June 2016, the European Union Commission issued a Recast Proposal of this Regulation, which suggests amending it in several aspects including the hearing of the child. This paper analyzes how the Brussels IIa Regulation addresses the right of the child to be heard and the amendments suggested by its Recast Proposal.